Section 49 BNSS: Search of arrested person (Formerly Section 51 CrPC)

Section 49 of Bharatiya Nagarik Suraksha Sanhita, 2023: Search of arrested person

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Whenever,—

(i) a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; and

(ii) a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person.

(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Police Station Sec 2(1)(q)

Legal Commentary & Landmark Judgments: Section 49

Section 49 regulates the search of arrested persons, empowering police officers to search arrestees and place all articles found upon them in safe custody, requiring strict female privacy protocols.

Personal Search: Conducted upon arrest when bail is not granted or the offence is non-bailable.
Safe Custody & Receipt: Articles other than necessary wearing apparel placed in safe custody; receipt specifying seized articles must be given to the arrestee.
Strict Female Protocol: Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

Key Landmark Precedents:

State of Punjab v. Baldev Singh (1999) 6 SCC 172: The Constitution Bench settled that personal searches affect bodily integrity; non-compliance with statutory decency norms and female searchers vitiates the search.
Kamalabai v. State of Maharashtra AIR 1962 SC 1189: The Supreme Court affirmed that searching a woman through male officers is an intolerable violation of statutory and fundamental decency.

Courtroom Practice & Strategic Litigation Guidance:

Check the personal search memo (Jama Talashi). If the arrestee is female, the memo must explicitly record the name and signature of the female police officer or female panch witness who conducted the search.